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Walker v. Gusman

United States District Court, E.D. Louisiana

May 15, 2015

MARK WALKER
v.
MARLIN GUSMAN, ET AL

ORDER AND REASONS

MARY ANN VIAL LEMMON, District Judge.

IT IS HEREBY ORDERED that Plaintiff's Motion for Partial Summary Judgment on his Official Capacity Claims (Doc. #305) is DENIED.

IT IS FURTHER ORDERED that Defendants' Rule 12(b)(6) Motion to Dismiss plaintiff's claims against Tyrone Williams, Curtis Lumar, Nurse David Oates, Krystal Lacking, Kevin Talley, Hazel Bowser and Michael Laughlin (Doc. #320) is GRANTED, and plaintiff's claims against those defendants are DISMISSED WITH PREJUDICE.

BACKGROUND

This matter is before the court on plaintiff's motion for partial summary judgment on his official capacity claims. Plaintiff argues that the defendants in their official capacities should be estopped from litigating whether the conditions at the Orleans Parish Prison ("OPP") were unconstitutional because in the Order Approving Consent Judgment and Certifying Settlement Class in Jones v. Gusman, Civil Action No. 12-859 c/w 12-138 (E.D. La. 6/6/2013), Judge Lance Africk found that unconstitutional conditions existed at the prison during plaintiff's incarceration. Also before the court is defendants' motion to dismiss plaintiff's claims against Tyrone Williams, Curtis Lumar, Nurse David Oates, Krystal Lacking, [1] Kevin Talley, Hazel Bowser and Michael Laughlin. Plaintiff added these defendants in his Second Amended Complaint, filed on December 1, 2014. Defendants argue that the claims against these defendants should be dismissed because they are untimely, prejudicial and futile.

Plaintiff, Mark Walker, was incarcerated at OPP from October 2011 to April 3, 2012. During most of this time, he was a pretrial detainee. He was transferred into the custody of the Louisiana Department of Corrections seven days after his conviction, and is currently incarcerated at Rayburn Correctional Center in Angie, Louisiana. On October 15, 2012, Walker, acting pro se, filed this action against Sheriff Marlin Gusman, Kevin Winfield, Charles Ezeb, Samuel Gore, Charles Higgins, Carlos Louque, and "Sgt. John Doe, Supervisor tents, " in their official and individual capacities, alleging various constitutional violations, claims under the Americans with Disabilities Act, and claims under Louisiana state law.

On December 3, 2012, Walker filed a "Motion for Discovery, " seeking a "listing of all employee[s] who worked in Walker's immediate housing locations, as well as supervisors and shift commanders described by date, time and location[, ]" and the "names of all medical personel[] including nurses" who provided medical services to Walker. Defendants objected to the discovery requests claiming that they did not know if the questions were requests for documents or interrogatories, and that the discovery requests were over-broad, unreasonable and unduly burdensome.

On March 27, 2013, Walker filed a motion for leave to file an amended complaint. He stated that he had "requested proper names and spelling [for] both Sgt. [Lumar] as well as other identities of potential witness[es] or defendants, as to amend original complaint, Defense counsel has failed to provide said information and Plaintiff amends accordingly." The United States Magistrate Judge denied the motion as premature because Walker had not submitted the proposed amendments.

On April 8, 2013, Walker filed a motion to amend the complaint which sought to add John Doe defendants. On April 11, 2013, the United States Magistrate Judge denied the motion finding that Walker was "no longer entitled to amend his complaint as a matter of course" and that "justice does not require that the Court allow plaintiff to amend the complaint in the manner proposed at this late stage of the proceeding."

On April 29, 2013, Walker filed a Potential Witness List. The list included, in pertinent part:

* * *
(8) Sgt. ? Lumer - May testify to anything and everything that Plaintiff chooses to advance with relevance to this suit, conditions of confinement, policies, staff behavior and such, AS DEFENDANTS HAVE TURNED OVER ABSOLUTELY NO DISCOVERY ON OR REFERENCING THIS INDIVIDUAL IN VIOLATION OF COURTS RULES, SO PLAINTIFF CAN PREPARE FOR TRIAL.
* * *
(12) Mole Sgt ? Williams - May testify to facts related to the incidents that are subject of this suit, including his own actions, plaintiffs condition, behavior, inmate conditions of confinement action before or after the incidents he observed, or were reported to him, knowledge of jail policies and procedures, other relevant inmate or staff behavior as well as prison medical and prison officials responses, lack of responses, or behavior;
DEFENDANTS HAVE REFUSED TO TURN OVER ANY IDENTIFYING INFORMATION DIRECTLY REQUESTED BY PLAINTIFF, THIS SGT HAS BEEN A DAY SHIFT SGT ON THE 10TH FLOOR, HOD FOR MAY YEARS;
* * *
(16) SOD Detective Kevin Talley - who may testify to facts related to that are subject to this suit, plaintiffs allegations specifically regarding his own actions as well as any relevant information regarding condition behavior, and actions before and after the incidents which he directly observed or were reported to him during the course of any investigations that were conducted by SOD, as well as the results of those investigations, or any other investigations that add foundation to this suit;
(17) SOD Detective Hazel Bowser - who may testify to facts related to that are subject to this suit, plaintiffs allegations specifically regarding her actions as well as any relevant information regarding plaintiffs condition, behavior, and actions before and after the incidents which she directly observed or were reported to her during the course of any investigations that were conducted by SOD, as well as the results of those investigations or any other investigations that add foundation to this suit;
(18) SOD Det. Major Michael Loughlin - who may testify to facts related to that are subject to this suit, plaintiffs allegations specifically regarding his actions as well as any relevant information regarding plaintiffs condition, behavior, and actions before and after the incidents which he directly observed or were reported to him during the course of any investigations that were conducted by SOD, as ...

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